Terms of Use

Legal

Terms of Use

Last Modified: August 29, 2013 @ 3:34 p.m.

www.TheOldSchoolhouse.com (“Website”) appreciates your interest in using our website. Use of Website constitutes agreement with the following Terms of Use (“Terms of Use”).1. Users. Any person accessing Website is a “User” for purposes of the Terms of Use, whether or not User has posted information on or otherwise communicated with Website.

2. General Disclaimer. Website contains facts, views, opinions, statements, recommendations, advertisements, promotions and other content and links to external websites not owned or controlled by Website or its parent company, The Old Schoolhouse Magazine, LLC (“Company”) (collectively, “Website Content”). Company and Website make no warranties or representations as to the accuracy, safety or value of Website Content created, published, displayed, uploaded, downloaded or distributed in, on or through Website or other Company publications, including without limitation other websites owned by Company, and assume no liability or responsibility for errors or omissions in Website Content. Website and Company accept no responsibility for the actions of any User or third party or for Website Content created, provided, uploaded, linked or posted by any User or third party. Website Content does not necessarily reflect the views, opinions or recommendations of Company or Website and any reliance upon Website Content is taken at User’s sole risk.

3. Acceptance of Terms of Use. Use of Website indicates User’s complete acceptance of and agreement to be bound by the Terms of Use. Website is owned and operated by Company and provided for use by individual Users pursuant to the specific terms and conditions of the Terms of Use and other policies, rules, procedures and practices established, posted and modified by Company and Website from time to time.

4. Description of Service.Website provides User with various publishing, information and community services. Website will post notices describing all relevant fees, terms, conditions and requirements. User is personally responsible for obtaining, providing and maintaining (a) access to the Internet, including without limitation payment of telephone, cable or other connection and service fees associated with Internet access and (b) all equipment required to access and use Website and the Internet, including without limitation access to a computer and modem. Company and Website accept no responsibility or liability for the ability or inability of any User to access Website. Company and Website do not control Website Content and accept no responsibility for the actions of Users or third parties or for Website Content provided, uploaded, linked or posted by Users or third parties.

5. Personal Use Only. Website and related services are made available to User for personal, non-commercial use only. User may may not edit, alter, overwrite, block or delete Website Content. User may not frame or otherwise alter the appearance or functionality of Website. User may not use Website, Website Content or Material created, provided, uploaded, linked or posted by User to Website to sell or advertise a product or service, including without limitation other Internet websites or businesses, without the advance written consent of Company and Website. Company and Website reserve the sole, exclusive and discretionary right to determine what constitutes “selling” and “advertising” on Website and to grant or deny any person or entity the right to sell or advertise a product or service on Website. User may not take, appropriate, publish, reproduce, or use all or any part of Website, with the exception of Material originally created and owned exclusively by User, for any purpose without the advance written consent of Company, Website or the legal owner of the relevant Website Content or Material. Users interested in advertising a product, service, business or website on Website should contact the site administrator via e-mail at gena@thehomesechoolmagazine.com

6. Changes to Terms of Use. Company and Website may change the Terms of Use from time to time and will notify Users of significant changes in the Terms of Use by posting a notice on Website. Minor changes to the Terms of Use will be posted in the “Terms of Use” section of Website. Users are responsible for reviewing the Terms of Use regularly. Use of Website indicates User’s full and complete agreement to each and every one of the current Terms of Use as if User had signed a written document containing the Terms of Use.

7. Modifications of Service.Company and Website reserve the sole and exclusive right to change, suspend or terminate www.TheOldSchoolhouse.com and all related websites and services at any time and from time to time with or without cause or prior notice. Company and Website are not liable to User or any third party for any change to, suspension or termination of Website or related websites and services.

8. Loss of Information.Company and Website assume no responsibility or liability for deletion of or failure to store Website Content or Material created, provided, uploaded, linked or posted in, on or through Website.

9. Right to Terminate Service. Company and Website reserve the right to suspend, delete, block out or eliminate any Website Content at any time and for any reason, including without limitation a determination by Company or the Website administrator that a User has engaged in conduct which violates the letter or spirit of the Terms of Use or any other Website policy, rule, procedure or practice. Suspension, deletion, blocking and similar actions may occur with or without cause or prior notice and may be temporary or permanent at the sole discretion of Company and Website. Company and Website have no responsibility to provide any User with copies of any suspended, deleted, blocked, terminated or eliminated Material or Website Content.

10. Privacy Policy. The Terms of Use include and incorporate the terms of the www.TheOldSchoolhouse.com Privacy Policy (“Privacy Policy”) which is incorporated by this reference as if fully set forth herein. Company and Website respect the privacy of Users. Company and Website will not disclose, edit or monitor the name or contact information of any User except as reasonably required (a) by law or to comply with legal process served on Company or Website, (b) to comply with the Terms of Use, Disclaimer, Privacy Policy and other Website policies, rules, procedures and practices, (c) to develop, improve, operate, maintain and debug Website or (d) to protect and defend the rights, property and personal safety of Company, Website, Users or members of the public.

11. Advertising and Promotions.Website may feature Website Content, including without limitation advertisements and promotions, created or obtained by or from third parties not owned or operated by Company and Website. User agrees not to block, interfere or attempt to block or interfere with any Website Content. User may contact, communicate, contract with or participate in promotions offered by advertisers and other third party providers of Website Content. USER HEREBY RELEASES COMPANY AND WEBSITE FROM ANY AND ALL LIABILITY RELATING TO CONTACT, COMMUNICATION, CONTRACTS AND OTHER RELATIONSHIPS BETWEEN USER AND ADVERTISERS OR OTHER THIRD PARTIES NOT OWNED BY COMPANY, INCLUDING WITHOUT LIMITATION LIABILITY FOR OR ARISING OUT OF GOODS, SERVICES, TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS MADE BY OR CONNECTED WITH SUCH ADVERTISERS OR OTHER THIRD PARTIES. Company and Website assume no responsibility, obligation or liability for contacts, communications, contracts, promotions or relationships between User and any advertiser or other third party.

12. Profanity Filter.User understands and agrees that Company and Website may, but is not obligated to, employ an automatic, electronic “profanity filter” in order to enforce provisions in the Terms of Use prohibiting the use of profane and obscene language. User understands that use of the profanity filter may result in deletion or elimination of profane and obscene language, failure to delete or eliminate all profane or obscene language and the unintentional deletion or elimination of language which is neither profane or obscene and agrees to hold Company and Website harmless from and against all responsibility and liability resulting from or arising out of the proper or improper functioning of the profanity filter.

13. No Liability for Third Party Content.User understands and agrees that Company and Website do not control all Website Content and that Company and Website disclaim all responsibility and liability for or relating to information, data, text, messages, original or derivative ideas, works of authorship, joint works, titles, captions, music, sound, graphics, artistic works, photographic works, video, concepts, methods, improvements, designs, discoveries, ideas, software, websites, trademarks, trade dress and trade secrets, whether or not patentable or registerable under patent, copyright, trademark or similar laws, solely or jointly conceived, and whether or not produced, developed, experimented upon or reduced to practice (collectively, “Material”) and other Website Content created, provided, uploaded, linked or posted by third parties not owned and legally controlled by Company and Website. Company and Website neither endorse nor accept any responsibility for the acts, omissions, Material and other Website Content created, provided, uploaded, linked or posted by User or any third party, whether or not permitted or covered by the Terms of Use.

14. User Conduct. Use of Website by User is subject to the Terms of Use, posted policies, rules, procedures and practices of Website and applicable law. User is completely responsible for all Material and Website Content created, provided, uploaded, linked or posted by User or by any person using a personal account registered to, by or on behalf of User. User hereby agrees:

to comply with the laws of the United States and the state of California, including without limitation laws governing the transmission of technical data exported from the United States through the Internet and other electronic media;

to comply with all posted policies, rules, procedures and practices of Company and Website, including without limitation each and every provision of these Terms of Use;

not to disrupt, interfere with or access without permission (“hack”) Website or any website, network, server, system or computer connected to Website;

not to use Website or the name of Website or Company for or in connection with chain letters, junk mail or spamming and not to contact any other User without his or her prior written consent;

not to create, provide, upload, link, post or transmit any unlawful, harassing, defamatory, libelous, abusive, threatening or harmful Material or information on, to or through Website;

not to create, provide, upload, link, post or transmit any Material or information on, to or through Website which encourages or incites conduct which gives rise to actual or potential criminal or civil liability or violates applicable law; and

not to intentionally interfere with the operation of Website or the use and enjoyment of Website by other Users or third parties.

Company and Website reserve the right to immediately delete any Website Content or Material which, and to take legal action against any User who, fails to conform to the Terms of Use.

15. Acknowledgement of Potentially Offensive Content. User understands that use of Website and related or linked websites and services may result in exposure to Website Content, Material or information that User finds offensive, indecent or objectionable and agrees to hold Company and Website harmless from and against any responsibility or liability for offensive, indecent or objectionable content and conduct.

16. Indemnity. User agrees to indemnify Company and Website against any and all claims, losses, liabilities, damages, demands, suits, causes of action, judgments, costs and expenses, including without limitation court costs and attorneys’ fees resulting from or arising out of any breach of these Terms of Use by User.

17. Retention of Intellectual Property Rights. Company and Website retain full intellectual property rights to Website Content created by or otherwise belonging to Company and Website. User may not make any claim to ownership of Website Content, Material, property or rights belonging to Company, Website or any third party.

18. User Suggestions. Company and Website do not accept or consider unsolicited ideas, suggestions or proposals relating to the operations, organization, publications or other property of Company and Website (collectively “Ideas”). User understands and agrees that (a) any Idea sent to Company or Website, posted on any portion of Website or included in Website Content will be considered non-proprietary, non-confidential and fully released for use by Company and Website, (b) Company and Website have no obligation or liability to User or any third party relating to or arising out of the use, nonuse, disclosure, publication or receipt of any Idea and (c) Company and Website may use Ideas for any purpose, including without limitation commercial uses, free of charge and without liability, restriction or compensation to the submitting User.

19. Proprietary Content. User understands and agrees that all Website Content belongs to Company, Website or other third parties and is protected by patent, copyright, trademark, trade dress, service mark, intellectual property law or other applicable law and that User is only permitted to access and use Material and Website Content not belonging to User on a limited basis pursuant to the provisions of the Terms of Use or as specifically authorized in writing by the owner of the Material or Website Content. User may not reproduce, copy, publish, distribute or create derivative works based upon Material or Website Content owned by Company, Website or third parties without the prior written consent of the legal owner of the Material or Website Content. Company and Website will not (a) act as an intermediary for User to obtain permission to use Material or Website Content, (b) mediate or resolve disputes between Users and third party owners of Material or Website Content or (c) accept responsibility or liability for wrongful use of Material or Website Content by any User.

20. Acceptance of Risk.Material and Website Content downloaded, obtained or accessed from or through the use of Website is downloaded, obtained and accessed at the sole discretion, risk and responsibility of User. User agrees to accept sole responsibility and liability for any damage to User’s computer, hardware, operating system, software, network, server and Internet service, including without limitation destruction, loss or corruption of data files, resulting from using, downloading, obtaining or accessing Website and Website Content.

21. DMCA Compliance. The Terms of Use include and incorporate the www.HomeschoolBlogger.com DMCA Compliance Notice (“DMCA Notice”) which is incorporated by this reference as if fully set forth herein. Company and Website support the Digital Millenium Copyright Act (“DMCA”) and the protection of intellectual property rights pursuant to the laws of the United States, individual states and the Berne Convention for the Protection of Literary and Artistic Works (“Berne Convention”).

22. Company and Website Rights to Delete or Terminate.Company and Website reserve the absolute, discretionary right to terminate, delete, modify or restrict access to any and all Website Content at any time with or without cause or prior notice. User agrees to the terms of this Paragraph 22 without reservation. User understands and agrees that the right of Company and Website to terminate, delete, modify and restrict access to Website Content and to terminate Website and related services at any time, with or without cause or prior notice is a vital, non-negotiable part of these Terms of Service.

23. DISCLAIMER OF WARRANTIES.USER AGREES TO USE WEBSITE AT USER’S SOLE RISK AND RESPONSIBILITY. ACCESS TO WEBSITE, RELATED WEBSITES AND SERVICES IS PROVIDED ON AN “AS-IS”, “AS-AVAILABLE” BASIS WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY AND WEBSITE SPECIFICALLY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES TO THE EXTENT PERMITTED BY APPLICABLE LAW AND MAKE NO WARRANTY OR REPRESENTATION THAT WEBSITE, RELATED WEBSITES OR SERVICES (A) WILL MEET THE NEEDS OR REQUIREMENTS OF USER OR WILL BE COMPATIBLE WITH ANY HARDWARE, SERVER, SYSTEM, NETWORK, OPERATING SYSTEM, SOFTWARE, INTERNET SERVICE PROVIDER OR OTHER TECHNICAL SPECIFICATIONS, (B) WILL BE AVAILABLE, RELIABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (C) WILL PROVIDE OR ENABLE USER TO ACHIEVE A GIVEN OR DESIRED RESULT, OR (D) WILL BE REPAIRED, UPGRADED, DEBUGGED OR FUNCTION WITHOUT ERROR, MISTAKE OR OMISSION. COMPANY AND WEBSITE MAKE NO WARRANTY AND ACCEPT NO RESPONSIBILITY OR LIABILITY FOR MATERIAL, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH WEBSITE OR RESULTING FROM OR ARISING OUT OF WEBSITE CONTENT. THIS DISCLAIMER OF WARRANTIES MAY ONLY BE AMENDED OR MODIFIED BY A WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF COMPANY WHICH SPECIFICALLY STATES THAT IT MODIFIES THESE TERMS OF USE AND MAY NOT BE ALTERED, MODIFIED OR ELIMINATED IN ANY OTHER MANNER, INCLUDING WITHOUT LIMITATION ADVICE, INFORMATION OR TECHNICAL SUPPORT GIVEN OR RECEIVED FROM COMPANY OR WEBSITE. EXCLUSIONS, LIMITATIONS AND DISCLAIMERS CONTAINED IN THIS DISCLAIMER OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF INDIVIDUAL USERS MAY VARY BY JURISDICTION.

24. LIMITATION OF LIABILITY.COMPANY AND WEBSITE DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, INACCURACY, LEGALITY, RELIABILITY, OPERABILITY, FUNCTIONALITY, AVAILABILITY AND CONTENT OF ANY AND ALL WEBSITE CONTENT. COMPANY AND WEBSITE DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR DAMAGES ARISING OUT OF, RESULTING FROM OR RELATING TO USER OR ANY THIRD PARTY CREATING, PUBLISHING, DISPLAYING, UPLOADING, DOWNLOADING, DISTRIBUTING, ACCESSING OR USING ANY AND ALL WEBSITE CONTENT. COMPANY AND WEBSITE DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ERRORS, OMISSIONS, SUSPENSION, DELETION, MISDELIVERY OR UNAVAILABILITY OF WEBSITE AND WEBSITE CONTENT. COMPANY AND WEBSITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, CAUSED BY, RESULTING FROM OR ARISING OUT OF (A) USE, MISUSE OR LACK OF USE OF WEBSITE OR ANY WEBSITE CONTENT, (B) MATERIAL, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR AS A RESULT OF WEBSITE OR ANY WEBSITE CONTENT, (C) MESSAGES SENT, RECEIVED, INTERRUPTED OR DELETED, TRANSACTIONS ENTERED INTO AND ANY OTHER ACTION TAKEN OR NOT TAKEN AS A RESULT OF UNAUTHORIZED ACCESS TO WEBSITE OR A PERSONAL ACCOUNT REGISTERED TO, BY OR ON BEHALF OF ANY USER, (D) STATEMENTS, ACTIONS, MATERIAL AND WEBSITE CONTENT CREATED, PROVIDED , UPLOADED , DOWNLOADED, LINKED OR POSTED BY USERS OR THIRD PARTIES OR (E) ANY OTHER CAUSE, EFFECT, ACTION, CONSEQUENCE OR DAMAGE NOT DIRECTLY CAUSED BY OR RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF COMPANY OR THE ADMINSTRATORS OF WEBSITE. EXCLUSIONS AND DISCLAIMERS CONTAINED IN THIS LIMITATION OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF USERS MAY VARY BY JURISDICTION.

25. No Other Agreements.The Terms of Use represent the only, final, complete and exclusive understanding between User, Company and Website and supersede any prior or contemporaneous oral or written agreements between User, Company and Website. User has no relationship, agreement or rights relating to Company and Website except as expressly stated in the Terms of Use. The Terms of Use may only be modified by a written instrument approved in writing or executed by an authorized representative of Company which specifically states that it modifies the Terms of Use.

26. Construction, Jurisdiction, Venue. User, Company and Website understand and agree that the Terms of Use were written in and will be construed and enforced in accordance with the laws of the State of California and that User’s acceptance of the Terms of Use is taking place within the State of California. User agrees to submit to the personal jurisdiction of the Federal or state courts located in Sacramento, California for purposes of any legal action commenced under or arising out of the Terms of Use, Website or use of Website by User.

27. Legality, Modification.Nothing contained in the Terms of Use will be interpreted to require the commission of an illegal act or a violation of applicable law. If any conflict arises between the Terms of Use and applicable law the latter will prevail, the relevant provisions of the Terms of Use will be deleted, modified or limited to the limited extent necessary to comply with law and all other provisions of the Terms of Use will remain in full force and effect.

28.Notice.Notices must be made in writing. Company and Website may provide valid, effective notice to User by posting or broadcasting notices on Website or related websites owned and operated by Company. Notices posted on Website are deemed given when posted.

29. No Waiver. Failure to enforce any provision of the Terms of Use does not and will not constitute a waiver of the right to enforce the same or any other provision against the same or any other User in any subsequent situation.

30.Survival.Any provisions which are reasonably required in order to fully enforce the Terms of Use will survive termination of a User’s personal account or User access to Website.

31. Acceptance by User. User understands and agrees that use of Website indicates full and complete agreement to each and every one of the Terms of Use as if User had signed a written document containing the same.

32. Terms of Use Notice. The Old Schoolhouse® company and all of its divisions value your privacy; your email and/or mailing address will not be sold to an “email-mill” or general “contact buyer”. Christianbook.com/CBD, however, has a special relationship with The Old Schoolhouse® and they do receive contact information of TOS subscribers, associates and customers, regularly, so you may hear from them from time to time or receive CBD catalogs by mail. TOS currently partners with no other entity in this way. You may opt out of any TOS or Christianbook.com/CBD contacts at any time.

"Train up a child in the way he should go and when he is old, he will not depart from it" (Proverbs 22:6).